Scholars say “distinctive understanding” is the method of law. Any person who is frequented with the processes of law, whether legislative, applicative or judicial, knows can understand the undercurrents of such a statement. Comparison, therefore as a tool is inbuilt within the conceptual framework of knowledge of law. However, Comparative Law, arose as a separate discipline for past few decades and has created its own substantive space.
However a modern mind, engaged in the legal discourse, in an age which is characterized by the nationalization of law and legal discourse will still doubt the existence of this substantive space as claimed by the Comparative Law. It becomes therefore an imperative find answers to many questions so that legitimacy can be either articulated or rejected. What do lawyers do when they attempt comparisons? What methods and approaches do they adopt? Should comparison be focused on similarity or difference? Is it plausible to distinguish different legal families, or legal traditions? Does comparative law essentially amount to the study of transplants and receptions? What are the practical tasks of comparative law?
Course Outcomes
After completion of this course, students shall be able to:
1) Understand the central principles of applying comparative method to Law (CO1)
2) Adopt comparative methods in approaching law and legal systems. (CO2)
3) Appreciate the application of law in different contexts. (CO3)
- Teacher: Nithin Ramakrishnan
- Teacher: Vanisree Ramanathan